Public school absences prior to homeschooling? (WV)

Find or post information on the legal aspects of homeschooling in your state.

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babyblueeyes
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Public school absences prior to homeschooling? (WV)

Postby babyblueeyes » Mon Oct 23, 2006 9:47 pm

Does anyone know if a child is still counted absent from a public school after a letter of intent to homeschool has been turned in or after it's been approved (for the state of West Virginia)? Would apprieciate the help..

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Postby Mark » Fri Oct 27, 2006 6:32 am

if they are, I don't see why they wouldn't be thrown out.
but you should probably get a legal thought on that.

mark

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Theodore
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Postby Theodore » Fri Oct 27, 2006 11:09 am

From the following pdf supplied by Christian Home Educators of West Virginia:
http://www.chewv.org/docs/Intent%20Noti ... idance.pdf

As required by Chapter 18, Article 8, Section 1, Exemption (c), subdivision (2) of the West Virginia Code, a notice of intent to provide home instruction to children of compulsory school age must be sent to your county superintendent or board of education when you initiate home instruction... If a child is enrolled in a public school, notice of intent to provide home instruction needs to be given at least two weeks prior to withdrawing your child from public school... We suggest that the Notice of intent be sent by return receipt mail so you will know it was received by the county.

Apparently you're supposed to send it in two weeks in advance if you're going from public school to homeschool. Going by the letter of the law, they could theoretically make a big stink about how your kid wasn't officially homeschooling and therefore missed two weeks of school, but I imagine most schools won't bother. You should be good to go if you've made it to the approval stage.

However, if you haven't already, you might consider joining HSLDA just in case.

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Postby babyblueeyes » Fri Oct 27, 2006 9:20 pm

I found out that my daughter was counted absent after I turned in the letter of intent up until I was approved & called the school to tell them. But thanks for the info. I have a court hearing coming up in a few weeks over trudency. I was approved to homeschool her the exact same day the magistrate signed the legal papers for me to go to court. Anyone have any idea if that makes any difference? She has 10 unexcused absences plus one the school has yet to correct even though I gave them her doctor excuse. But when I got these court papers, they had her marked absent when she did go to school and on all of her homebound days so I'm being charged with 16 unexcused absences.. I have the attendence sheet from the school showing she was excused for homebound and then on the court paper saying she wasn't. Then I went to the school and got another copy of her attendance which showed she was being counted absent for homebound even though she went. I can prove that in court with no problem whatsoever. I spoke with the board of education too and they are not supposed to file legal action on you until your child goes past 10 days. The assistant attendence director is the one doing this. And I can't help but think this happened to me just because she doesn't like me. My daughter had a virus the first week of school and missed 2 days. But that woman called me and smarted me off over it and she had only missed a couple of days.. So here comes week 2 and my daughter comes down with a really bad respiratory infection.. This woman went to calling me again and again and again .. And I wouldn't pick the phone up because I was pissed. I had taken doctor excuses to the school twice and then my mom went for me the last time. She sent a message home with my mom saying I either get my daughter in school or she was going to put me in jail and told my mom for me to contact her because I had not bothered to tell them why she wasn't there. Which was bluntly A lie.. Well it's more than obvious she was pissed off at me for not talking to her.
But I called her back anyways and she was actually nice this time. But
her advice for me was to either lock my daughter up in Highland or Juvenille. She's only 11. Even if she was older, I still wouldn't do that to her. I even signed a paper permitting this woman to talk to my daughter's psycologist. You'd think she could've had just a tad bit of consideration considering the situation. I actually have her diagnosis from her psychologist stating she was having panic attacks and social anxiety when he requested her to be put on homebound part time. But I don't know if that will get me out of trouble or not. I'm am really worried about this. I don't want to end up in jail because I know I can't handle it. I have been under so much stress with my kids over the way they've been acting lately and on top of that I'm constantly being cussed out and degrated over what a worthless piece of crap I supposedly am.. I am so depresed right now, that I ought to be hospitalized for it. I would probley just get fined at this court hearing but there's no way I could pay it. I was told I'd be charged $100 for every day she missed. What really pisses me off is that I know this lady who keeps her 2 kids out of school at least once a week so they will be home to babysit her other 3 kids when she wants them to. Now that is what you can really call TRUDENCY. I know this other lady who's son missed over 20 days. And they did not do anything to her. This wasn't from neglect of not sending her on my end. I took her every day trying to encourage her to go back, she'd just panic really bad right before we'd get there. I even asked her principal to force her to stay but he got her half way and decided he didn't want to disturb her class by making her stay. But he got to see first hand how much fear this child was in and what I was having to deal with from her because of it. I wonder if it would help if I could get him to write a letter verifying what he saw. Because he's the only one, other than my ex who's witnessed this... and that would more or less prove she was having severe anxiety.. I wish I could sue that lady that's taking me to court for all the emotional stress I've been under over this stupid court hearing. And her school for lying to me claiming that my daughter would be taken away from me by social services. And it's a really STUPID law that would put a parent in jail over something that is just out of their control.

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Theodore
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Postby Theodore » Sat Oct 28, 2006 2:33 am

Well, get in contact with CHEWV and HSLDA and see if they can help. At the least, they'll know of similar cases and be able to tell you what happened and how to best proceeed.

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CHEWV HSLDA ???

Postby babyblueeyes » Sat Oct 28, 2006 5:04 am

I do not whatsover know anything about CHEWV & HSLDA. What is it?

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Postby Theodore » Sat Oct 28, 2006 3:55 pm


babyblueeyes
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Truancy issue ~ wrongfully accused

Postby babyblueeyes » Sat Oct 28, 2006 7:11 pm

I just found this out but when children (In WV) miss 10 days from school, the school is required to send them a legal notice. If they continue to miss any other days, action can be taken on the parent in court. Of course my daughter's attendence records had to get all messed up. But when I got the legal notice (on 10 days), my daughter only had 5 unexcused absences. At the time I got the court notice, it was being accused that she had 16 unexcused absences but she only had 6. Since she's been withdrawn from public school, she only has a total of 9 unexcused days, that is if her school has finally fixed her attendence correctly. I do know some of it got fixed right.. If the school messes up your child's attendence, and then you get summoned to court for truancy, can they legally get by with continuing to do that when the problem has been made to their attention? I don't even begin to see how they could. I am talking with someone trying to get this court case dropped now. It's ridiculous anyways that they would do that when they know the type of problems she's having. But hopefully everything will work out okay. If not, and they continue to take me to court, then I will get a lawyer. I am not really worried about this issue anymore because I know there's probley no way they are going to be able to charge me with truancy. Thanks for the help.


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